HomeMy WebLinkAboutContract 30636 CITY SECRETARY
COMRACT NO.
1 :-0 4 A I )1 CV
DEPARTMENT OF THE ARMY
RIGHT OF ENTRY FOR
ENVIRONMENTAL ASSESSMENT AND RESPONSE
FORMER FORT WORTH ARMY AMMUNITION DEPOT PROJECT, TEXAS
DACA63-9-04-
The undersigned, herein called the"Owner", in consideration for the mutual
benefits of the work described below, hereby grants to the UNITED STATES OF
AMERICA, hereinafter called the"Government", a right-of-entry upon the following
terms and conditions:
1. The Owner hereby grants to the Government an assignable right to enter in, on,
over and across the land described above, for a period not to exceed 24
months,beginning with the date of the signing of this instrument, for use by the
United States, its representatives, agents,contractors and assigns, as a work area for
environmental investigation and response; including the right to store, move, and
remove equipment and supplies; in order to survey, make test borings, excavate and
waste, pollutants, hazardous substances, contaminated soils, containerized waste,
and replace with uncontaminated soil; investigate and collect samples; construct,
operate, maintain, alter, repair and remove groundwater monitoring wells,
groundwater purification and injection systems, appurtenances thereto and other
devices for the monitoring and treatment of contamination in soil, air and water;
and perform any other such work which may be necessary and incident to the
Government's use for the investigation and response on said lands; subject to
existing easements for public roads and highways, public utilities, railroads and
pipelines; reserving, however, to the landowner(s), their heirs, executors,
administrators, successors and assigns, all such right, title, interest and privilege as
may be used and enjoyed without interfering with or abridging the rights and right-
of-entry hereby acquired.
2. The Owner also grants the right to enter and exit over and across any other lands of
the Owner as necessary to use the described lands for the purpose listed above.
3. All tools, equipment, and other property taken upon or placed upon the described
land by the Government shall remain the property of the Government and may be
removed by the Government at any time within a reasonable period after the
expiration of this right-of-entry.
``�IIFFlA-AAL W1011D
1l � ARY
FT. NIC a H, YEX,
4. Upon the expiration or termination of this right-of-entry, the Government shall
restore the ground contour, replace any pavement or other cover which was
removed or damaged for this work, establish a groundcover of grass on areas not
otherwise covered and reconnect any operating utility lines which were required to
be disconnected or otherwise disrupted.
5. In addition to the damage provisions of Paragraph 4, if any action of the
Government's employees or agents in the exercise of this right-of-entry results in
damage to the real property, the Government will, in its sole discretion, either
repair such damage or make an appropriate settlement with the owner. In no event
shall such repair or settlement exceed the fair market value of the fee title to the
real property at the time immediately preceding such damage. The Government's
liability under this clause is subject to the availability of appropriations for such
payment, and nothing contained in this agreement may be considered as implying
that Congress will at a later date appropriate funds sufficient to meet any
deficiencies. The provisions of this clause are without prejudice to any rights the
Owner may have to make a claim under applicable laws for any damages other
than those provided for herein.
6. Right-of-Entry may be terminated by either the property owner or the Government
by giving written notice.
WITNESS MY HAND this day of �C.�_ 2000
D-F ORT lq-r4
Owne s ignature
Owner's Printed Name
%000 % ROCA MOP-1-0A).4 FT W DA:7-H, A
Owner's Address
U �-
Home Telephone
U JF,2-6113
Work Telephone
Owner requires motif cationprior to entry. Yes No (please circle one)
APPROVED AS TO FORM & LEGALITY:
By
Signature t2.. P
Title: Asst. City Attorney
ATTEST:
By
Signature jh kjj�:
Printed Name: Marty Hendrix
Title: City Secretary
Date:
M & C
�. ' � , fix,
Consent of Tenant: (If Applicable)
I hereby consent to the use of the property by the Government in accordance with
this Right of Entry For Environmental Assessment and Response.
Tenant's Signature
Tenant's Printed Name
Tenant's Address
U
Home Telephone
U
Work Telephone
�;J � � �
CERTIFICATE FOR CORPORATIONS AND PARTNERSHIPS
(If Applicable)
certify that I am ;
Name of Official Official Position
that who signed this Right-of-Entry on behalf of
Name of Signer
was the for ;
Organization/person Official Position Organization/person
that said Right-of-Entry was duly signed for and on behalf of ,
Organization/person
by authority of its governing body and is within the scope of Signer's corporate or
partnership powers.
Signature of Official
Telephone Number
NOTE: THE PERSON SIGNING THE ABOVE CERTIFICATE CANNOT BE THE
SAME PERSON THAT SIGNED THE RIGHT-OF-ENTRY.
THE UNITED STATES OF AMERICA
By:
Hyla J. Head
Chief, Real Estate Division
U.S. Army Corps of Engineers
ATTN: CESWF-RE
P.O. Box 17300
Fort Worth, TX 76102-0300
(817) 886-1210
+ o
0
ro
A
N
O
SUSPECTED SUSPECTED
AGENT ORANGE WASTE PAINT O
BURIAL SRE UURL{L SITE
r ♦ a,A H
r Afl
ILRM+Y IIP-A l• - y
1E K
PJAKRIu - Cw
CA
ro
13 10
12 9 B 7 6 5 4 3 2 1
1{ 11
6 6
3 # 3 3 3 # 3 3 3 ty
R!
MR
AREAS OF ENVIRONMENTAL INVESTIGATION it] N1 01, JIL—Julln
r�
MCI-W
uo- SUSPECTED '?
uIxm
4tC-i l CNENICA 9EIM
SITE
Re�1 1wo-� T--
O 150 300
CAT CAVE
Iw[--ywwel
SCALE IN FEET
e=2 GREENBRIAR COMMUNITY CENTER AND PARK
=7F„ LEGEND: FIGURE 2-1
+ APPRC:1MWW SDL 901MG LOChWHCORPSUs MmyIIiEERS
'Q . APPROXIMATE SURFACE SOIL SAMPLE LMARON —. —_.._. .._ FORF WORTH FEDERAL CENTER 91
'UO r • APPROXIMATE SML-CAS SCREURIC SAMPLE LOCAROrI SAMPLE
P w�C&II AP O
O
APPROXNAIE SURFACE WATER SAMF<E LOCAT+0.Y • n!R�.a ua fc•V ro
+ iee vo Dalealeeoo� u sr+omM
CEJ .�Iaw�u.nccw•�m,-.�cx¢n�-aa.o
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/28/2004
DATE: Tuesday, September 28, 2004
LOG NAME: 52GREENBRIAR REFERENCE NO.: **C-20303
SUBJECT:
Approval of Right-of-Entry Agreement with the Corps of Engineers for Environmental Assessment
and Response at Greenbriar Community Center and Park
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Right-of-Entry Agreement
with the Department of the Army, Fort Worth District, Corps of Engineers for Environmental Assessment
and Response at the Greenbriar Community Center and Park located at 5200 Hemphill Street in Fort
Worth.
This agreement shall begin upon execution and expire after 24 months.
DISCUSSION:
Under the terms of the agreement, the City of Fort Worth agrees to allow the Corps of Engineers access at
Greenbriar Community Center and Park to complete environmental sampling, soil borings, monitor well
installations and to perform any needed environmental remediation. All work is expected to be completed
within 24 months.
The Greenbriar Community Center and Park site is located south of the old Fort Worth Federal Supply
Depot and was formerly part of the depot property.
The site is located in Council District 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certies that this action will have no material effect on City Funds.
TO_Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Libby Watson (6183)
OriginatingDepartment Head: Brian Boerner (6647)
Additional Information Contact: Richard Zavala (5704)
IN
Logname: 52GREENBRIAR 1 of 1
Y
� �i
;I 'f �.